Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1887 Punjab Security of Land Tenure Act 1953 - ss.9 and 14A r/w. ss. 39 and 40 of Punjab Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Security of Land Tenure Act, 1953 - ss.9 and 14A r/w. ss. 39 and 40 of Punjab Tenancy Act, 1887 — Agricultural tenancy/lease — For fixed term — Under the Act ~ Availability of protection under the 1953 Act for eviction/ejectment of the tenant/ lessee — After expiry of the term of tenancy/lease — Lease agreement (unregistered) for a fixed term — Tenant/lessee remained in possession of the land even after the term of tenancy — Tenant filed suit for injunction restraining the landlord from ousting him from the property — Cross-objection of land-lord seeking mandatory injunction for vacation from the property on the ground that the tenant had ceased to be a tenant on expiry of period of lease — Order of eviction of tenant ~ Affirmed by High Court - On appeal, Division Bench of Supreme Court differed with the view in *Sukhdev Singh case whereby it was held that a tenant under the 1953 Act ceases to be one, on expiry of the fixed term tenancy under the contract, whereafter he is not entitled to statutory protection from eviction — Hence matter referred to Larger Bench — Held: As the lease agreement was unregistered, the same would not be admissible in evidence by virtue of s. 107 of Transfer of Property Act and ss. 17 and 49 of Registration Act — Hence, cannot be looked into for determination of duration of the lease - The lease has to be deemed to be a lease from year to year — The tenant/lessee remained in possession of the land beyond the legally presumptive period, with the implied consent of the land-lord — Thus, the tenant acquired the status of ‘tenant holding over’ or a ‘tenant at will’ — Therefore, the tenant whose lease has expired would not be tenant within purview of 1953 Act r/w relevant provisions of 1887 Act — But continuation of possession after expiry of lease duration with the consent of the land-lord would confer the status of ‘tenant’ to the occupant on the |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 496 |
Petitioner | Shyam Lal |
Respondent | Deepa Dass Chela Ram Chela Garib Dass |
SCR | [2016] 5 S.C.R. 893 |
Judgement Date | 2016-07-05 |
Case Number | 4245 |
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